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The debate on the H-1B issue continues with most Senators taking the opportunity to add remarks about provisions
to extend the provisions of NACARA, advance the registry date and restore 245(i). The remarks which do address
the H-1B issue are mostly about the need to train and educate more US workers. Despite the recent GAO report
titled "H-1B Foreign Workers: Better Controls Needed
to Help Employers and Protect Workers," which pointed out
our weaknesses in the program, there has been no discussion about major changes to the H-1B education and
salary requirements. The battle is about whether to vote on a bill which concerns only H-1B visas or to
add amendments addressing other immigration issues. While the Senate is devoting time to the H-1B bill
and other matters, 11 of 13 appropriations bills await action.

Court Vacates Habeas Grant for Lack of Jurisdiction
In Santos v. Reno, No. 99-20508 (5th Cir. Sept. 26, 2000), the circuit court vacated the district court's grant of habeas relief. The circuit court had previously rejected Petitioner's argument that burglary of a vehicle was not an aggravated felony and found it had no jurisdiction to review the Board of Immigration Appeals's decision. Since the circuit court had already considered the issue the district court had no jurisdiction to entertain Petitioner's habeas petition.

Court Denies Rehearing of Sidhu
The 9th Circuit denied a petition for rehearing of Sidhu v. INS, No. 98-71363 (9th Cir. July 20, 2000). In that case the court held that the discrepancies in Petitioner's testimony was not sufficient for the Board of Immigration Appeals to deny the Petitioner's asylum claim, and that due process principles require that he be given another opportunity to produce corroborating evidence as the standard was unsettled at the time of the hearing and the review by the BIA.

Senators Discuss the H-1B Visa Legislation
Sens. Wellstone, Durbin and Mikulski discuss the worker shortage in the US and the need to address issues such as more
training and education in rural and urban areas.

H.R. 5293 Referred to Committee on the
Judiciary
H.R. 5293, a bill to improve provisions relating to inadmissibility and detention of, and cancellation of
removal for, aliens who have committed crimes was referred to the House Committee on the Judiciary.

10,000 Liberians Facing Deportation From US
According to the Chicago Tribune barring last-minute intervention by the White House or Congress, about 10,000 Liberians living in the US
may have to return to Liberia when their special immigration status expires Friday, unless they have applications for
sylum or refugee status pending. The INS admitted that it lacks the manpower to enforce the deadline, but an illegal
stay in the United States could hurt an alien's chances of re-entry.

Community Leaders Seek Release of Haitians Who Jumped Off Boat
The Miami Herald reports that Haitian-American community leaders are requesting the immediate release of 14 Haitians who landed in Florida last week and demanding equal treatment for migrants who reach the US. According to an INS spokeswoman, the "wet foot, dry foot'' policy only applies to Cuban nationals, and the disposition of the recently arrived Haitians has not yet been decided pending the investigation by the Border Patrol.

Chat with Kevin Levine, Esq.
Attorney Kevin Levine will answer question on all aspects of immigration law
on Thursday, September 28, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting
15 minutes prior to the start of the chat.

Dear Editor
A change of status from B-2 to R-1 for 3 to 5 years may be most appropriate now if the minister has been a member
of that same faith for the immediately preceding two years and the church can provide him support. An immigrant
petition for an ordained minister in the same denomination would be available IF the B-2 visitor stay has not
broken his immediately prior two years religious commitment and if he can be coming SOLELY to be the minister,
i.e. no part-time 2nd job to support self or family. This is a short answer to a tricky question.